Oaklyn, NJ asked in Real Estate Law, Civil Litigation, Land Use & Zoning and Municipal Law for New Jersey

Q: Neighbor & asphalt co improperly "fixed" cracked asphalt, caused massive flooding on my property incl into basement

I believe my new neighbor flipper/landlord (now his 9th house), who is a paver patio installer, and the asphalt contractor he hired, to overlay our shared drive and lay substantial completely new asphalt on his property, violated the NJ Consumer Fraud Act. At the very least, both were negligent as they failed to complete measurements to ensure water would flow correctly and lied then about work done. Neighbor, on several occasions including in a text, threatened to only do his half if I didn't agree to paying half of $4,000.

They have caused repeated nuisance, vandalism, hardship, lack of enjoyment, damage to my property, and distress to me due to rainfall flooding my yard, pavers, under my deck, and in my basement. I can't park behind my home, plant clover out back, enjoy my deck due to mosquitos, or leave my house when rain is forecast so I am there to vacuum the water up when it comes.

There is so much more I've written to explain. It won't fit.

1 Lawyer Answer
Leonard R. Boyer
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  • Real Estate Law Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: You really need to retain an experienced civil litigation attorney who has handled these type of cases extensively. You are correct about violations of the New Jersey Consumer Fraud Act, but there are a significant number of causes of action that you can file in a complaint. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.

Morris Leo Greb agrees with this answer

1 user found this answer helpful

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